Sec. 49.303. EXCLUDING LAND OR OTHER PROPERTY FROM DISTRICT. (a) A district may exclude land or other property from the district under this subchapter if the district has no outstanding bonds payable in whole or in part from taxes.
(b) If a district has no outstanding bonds payable in whole or in part from taxes, the board may, on its own motion, call a hearing on the question of the exclusion of land or other property from the district under the provisions of this subchapter, if the exclusions are practicable, just, or desirable.
(c) If a district has no outstanding bonds payable in whole or in part from taxes, the board may hold a hearing on the exclusion of land or other property from the district if a landowner or property owner submits a signed petition to the secretary of the board evidencing the consent of the owners of a majority of the acreage proposed to be excluded and a majority of the taxable property in the district, as reflected by the most recent certified tax roll of the district.
(d) A district that has previously held an election at which approval was given for the issuance of bonds payable in whole or in part from taxes may not rely on that election for the issuance of the bonds if after the bond election, but before the bonds are issued, land or other property is excluded from the district as provided by this subchapter. The board must call and hold another bond election and receive voter approval before issuing those bonds.
(e) A district may not exclude land or other property from the district under this section if the district has issued bonds payable in whole or in part from taxes and those bonds are outstanding.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 248, Sec. 22, eff. June 18, 2003.
Structure Texas Statutes
Title 4 - General Law Districts
Chapter 49 - Provisions Applicable to All Districts
Subchapter J. Annexation or Exclusion of Land
Section 49.301. Adding Land by Petition of Landowner
Section 49.302. Adding Land by Petition of Less Than All the Landowners
Section 49.303. Excluding Land or Other Property From District
Section 49.304. Hearing to Announce Proposed Exclusions and to Receive Petitions
Section 49.306. Grounds for Exclusion
Section 49.307. Hearing and Order Excluding Land
Section 49.3075. Exclusion for Failure to Provide Sufficient Services; No Outstanding Bonds
Section 49.3076. Exclusion for Failure to Provide Sufficient Services; Bonds Outstanding
Section 49.3077. Tax Liability of Excluded Land; Bonds Outstanding
Section 49.3078. Petition for Exclusion: Additional Duties
Section 49.308. Suit to Review Exclusion
Section 49.309. Exclusion of Nonirrigated Property
Section 49.310. Authority to Exclude Land
Section 49.311. Consent From Holders of Indebtedness
Section 49.312. Results of Exclusion
Section 49.313. District Facilities on Excluded Property
Section 49.314. Water Allocations
Section 49.315. Adding and Excluding Land Before Confirmation